Archive for month: September, 2014

Avoid driver fatigue accidents by knowing causes and prevention. Driver fatigue is a serious problem in our country. In fact, according to the National Highway Traffic Safety Administration, fatigue played a role in 2.2 to 2.6 percent of all fatal crashes between 2005 and 2009. Additionally, in 2009, the NHTSA estimates that more than 30,000 injuries resulted from driver fatigue accidents, and a shocking 72,000 crashes involved some sort of drowsy driving. Those are some sobering statistics.

Fortunately, driver fatigue is entirely preventable. By knowing the common causes and following a few simple guidelines, drivers can prevent these dangerous accidents from ever occurring. Causes of Driver Fatigue Accidents

Driver fatigue accidents aren’t just caused by simply falling asleep at the wheel. There are a number of underlying causes and conditions that can lend themselves to this type of accident. Specifically, driver fatigue accidents most commonly occur because drivers:

Have been behind the wheel for a lengthy period of time.

Operate their vehicles late at night.

Fail to keep their minds stimulated while driving.

Fail to travel with a buddy and drive in shifts.

Drive on back roads where traffic is sparse and scenery is monotonous .

Fail to get enough rest before getting in the vehicle.

By being aware of these common causes, drivers can work to avoid driver fatigue accidents on their local roads and highways. Prevention of Driver Fatigue Accidents

Driver fatigue accidents can lead to devastating consequences for both the driver and others on the road at the time, including pedestrians and nearby drivers. Fortunately, many of these accidents are preventable by taking just a few simple precautionary steps.To help prevent driver fatigue accidents from occurring, drivers should take care to:

Always drive with another person.
The passenger can not only help keep the driver occupied and alert whilst driving, but they can also offer to take turns behind the wheel, so neither party gets too drowsy to drive.

Get plenty of sleep before a long trip.
When a road trip is on the horizon, drivers should always take care to get plenty of rest in the days before embarking. This will best ensure they’re alert and awake for the long drive ahead.

Never drive late at night.
Driving at times when you’d normally be sleeping is a big no-no. Your body is conditioned to fall asleep at a certain time, and trying to push past that can have disastrous consequences. Always pull over and get some rest when it’s late at night or early in the morning.

Allot plenty of time to get to the destination.
Being under the gun and up against a time crunch can often cause drivers to push themselves, driving when they’re tired, drowsy, or otherwise unfit to be behind the wheel. Be sure to always allot plenty of time to get to your final destination, so you’re not forced to push yourself beyond your limits.

Keep stimulated.
Driving alone for long stretches of road can get mind-numbing. Drivers should make efforts to keep their minds active and their bodies stimulated. They can play music, roll down the window, or even pull over and take a quick walk around – anything at all they can do to keep the whole body alert and at attention.

Stay on busy roadways.
Driving on dark back roads or roads with little traffic can cause drivers to get drowsy faster. Always make efforts to stay on well-lit, busy roadways. This will ensure you’re kept on your toes and are always on alert.Avoid driver fatigue accidents by knowing causes and prevention. These are just a few of the many ways you can make efforts to avoid dangerous driver fatigue accidents that could injure you, your passengers, and others on the road. If you’ve been hurt or involved in a driver fatigue accident, contact an attorney at the Law Offices of Pat Maloney today to discuss your legal options.

Get the compensation you deserve by hiring an experienced semi truck accident lawyer. If you were involved in a wreck with an 18 wheeler or semi truck, you’re due compensation. The truck driver, their insurance company, or their employer should pay for your car repairs, cover your medical bills, and offer recompense for any other costs you suffered because of the accident. Unfortunately, many trucking companies will do whatever they can to prevent having to pay out. They may even try to point the blame at you! The only way to ensure you get the money you deserve is to enlist a qualified semi truck accident lawyer to help.

How a Semi Truck Accident Lawyer Can Help

A semi truck accident lawyer can fight for your rights, make sure you’re not blamed for the wreck, and ensure you get the compensation you truly deserve.

They’ll also be able to:

Accurately determine the amount you are due, including repair costs, medical bills, rental car expenses, and more. They may even be able to seek punitive damages, if the driver was drunk or operating his or her truck recklessly.

Communicate with any involved insurance companies, so you don’t have to.

Gather evidence that proves the truck driver’s fault and asserts your innocence. They can even request the driver’s employment file, police reports, and more.

Advise you on any recorded statements or interviews with insurance representatives, so you don’t implicate yourself in the wreck.(Doing so could lessen the compensation you get or negate it altogether.)

Best of all, a semi truck accident lawyer can field any and all settlement offers you get. They’ll make sure you’re not being undercut or low-balled. If you are, they can even help take your case to court until you get the money you deserve.

Were you in a wreck with a semi truck? Make sure you get the compensation you’re rightfully due. Call a semi truck accident lawyer at the Law Offices of Pat Maloney today.

If you’ve been hurt on a construction site, you should consider filing a claim against the at-fault party. Filing a claim can help you get the money you need to pay your medical bills, cover your lost income, and manage other costs you may have incurred because of the accident. However, before you go calling a construction injury attorney, it’s important to have a basic understanding of Texas laws and contributory negligence first. If you don’t, you could end up going home with nothing.

Negligence Laws in Texas

Texas operates under the law of contributory negligence. This means that, while you may be the victim in your case, you can still hold some legal responsibility for your accident or injury. The amount of responsibility you are determined to hold will directly influence the amount of damages you can seek for your injuries. The more responsibility you have, the less money you will get from your case. In fact, if you’re determined to hold more fault in the accident than the other party (so 51 percent or more), then you can’t seek damages at all.

Here’s how it works: let’s say you were injured when your coworker, who was up on some scaffolding at the time, dropped a tool. You were on the ground below, and the tool hit you. Now, you’re suing your coworker. The court has determined that, while the coworker is responsible for dropping the tool, you’re also partially responsible, as you walked below the scaffolding in the first place. They assign you each a percentage: your coworker is 80 percent responsible, and you are 20 percent.

Now, let’s say the court was ready to award you $100,000 in damages. Since you were deemed 20 percent responsible for the injury, the award is then reduced to reflect that. The coworker is not responsible for compensating you for that 20 percent, and your total damages would then amount to $80,000. If you were determined to hold 51 percent of the fault for the accident, you would be awarded nothing.

Contributory Negligence in Your Case

Unfortunately, the contributory negligence law could affect your case. If you’re determined to hold some of the fault for the accident, you’ll get less in damages, and you could end up having to pay for some of your medical bills or other injury costs on your own. For this reason, it’s always important to talk to a qualified construction injury attorney before moving forward with your case. They’ll be able to give you a realistic idea of what you can expect from your case in the end.

Once you file your claim, a construction injury attorney can also help you minimize the amount of fault you’re determined to carry by gathering evidence. They’ll take photos of the accident scene, they’ll speak to eyewitnesses who may have seen your injury happen, and they’ll line up experts to testify on your behalf. This will help prove the other party’s fault and keep you from being implicated in the accident.

Hiring a Construction Injury Attorney

An experienced construction injury attorney can do more than just minimize the amount of fault you hold. They can also handle communication with your employer or insurance company, field potential settlement offers and ensure you’re compensated adequately for the losses you’ve suffered.

An experienced construction injury attorney can do more than just minimize the amount of fault you hold. They can also handle communication with your employer or insurance company, field potential settlement offers and ensure you’re compensated adequately for the losses you’ve suffered.

If you were seriously hurt at the hands of another person or driver, contact a serious personal injury lawyer as soon as possible. You could be due compensation for your medical bills, property damage, pain, suffering and more.

Not sure where to begin? Here are some tips for recognizing a serious personal injury lawyer:

They have verifiable experience in personal injury law. They’ve had their practice for a number of years and they have a record of winning cases and yielding lucrative results. Check their website for a list of past case results or, if they’re not posted, ask the office for these directly.

They’re board-certified. A serious personal injury lawyer should be so good at trying personal injury cases that the Texas Board of Legal Specialization has recognized them for their successful efforts.

They’re local. Laws regarding tort claims (like personal injury claims) vary greatly from state to state. If you want a serious personal injury lawyer who can really help you win your case, look for someone local, because they’re going to be the most up-to-date on the local laws and regulations that apply to your situation.

They’ve been recognized for their efforts. If they’re truly effective at their job, they should have earned recognition, honors, and awards from local bar associations, business publications, professional journals and more.

They cover all types of injuries. A good serious injury lawyer doesn’t just specialize in one type of injury like workplace injuries, car wreck injuries, or medical malpractice. They should have knowledge and experience in many areas.

If you need a serious personal injury lawyer to help you get the compensation you deserve, contact the Law Offices of Pat Maloney today. Our expert team of attorneys can help.

Between medical bills, the inability to work, and losing out on income, getting hurt on the job can be frustrating, but these frustrations are usually alleviated by workers’ compensation, which will cover your medical bills and provide income while your body heals. However, workers’ compensation is only available if you proceed cautiously; according to workplace accident attorney Pat Maloney, one slip-up in a conversation with your employer or their insurance company could cost you some, or even all of your benefits.

Ensure that you get the compensation you deserve. Here are several topics to avoid when talking about your workplace accident with your employer or their insurance company:

Settling – Never accept a settlement without first consulting an attorney. In most cases, insurance companies are going to offer you as little as money as possible and hope that you’ll accept it, so always run a settlement offer by a qualified workplace accident attorney before agreeing to it. They’ll look it over, ensure it’s an adequate amount to cover your medical bills and damages, and then advise you on the appropriate action to take. If the offer isn’t enough, they’ll help you negotiate or take the employer to court if necessary.

Recorded statements – Representatives from your employer’s insurance company are likely going to contact you immediately after your accident occurs and say that they need a recorded statement, but this may be a trick. They call quickly after an accident to try and catch you off-guard, hoping that you will admit to some level of fault in the incident so that they don’t have to pay as much out on the claim as they should. Never agree to give a recorded statement before you’ve spoken to a lawyer. A lawyer will be able to properly prepare you so you don’t implicate yourself in any way.

Signing documents – Never sign anything without talking to a lawyer first. Once you sign something, all negotiations stop. You’ve agreed to whatever terms they’ve offered you, and there’s no going back. If you want to ensure that you get the best possible deal, always show proposed contracts and documents to an attorney before signing them.

Returning to work – You should never return to work just because a doctor says you “should” be able to. If you’re seeing a doctor recommended by your employer or their insurance company, they may be getting some sort of kickback for telling you that, so don’t return to work until you are fully recovered – it’s your right. If your doctor or employer tries to tell you otherwise, speak to your workplace accident attorney immediately.

“I’m sorry” – Never say “I’m sorry,” “my bad,” “I accidentally did ___,” or anything that could implicate you in the accident. Such phrases admit at least partial blame, and mean that your employer or their insurance company won’t have to pay out as much. Stick to the facts and keep things short and succinct when talking to any parties involved in your claim.

Additionally, you should never talk about your injury, your injury claim, or the accident itself with anyone who doesn’t need to be involved. That includes friends, family, and your social media connections. Posting to social media about workplace accidents can implicate you in the accident, negatively impact the amount of compensation you can earn, and even get you fired.

If you were hurt on the job, get valuable advice by contacting workplace accident attorney Pat Maloney today.

ABOUT US

The Law Offices of Pat Maloney has established a tradition of excellence and dedication for our clients who have been victimized. As a leading San Antonio personal injury lawyer, we are known and respected throughout San Antonio, the state of Texas, and the nation as one of the preeminent law firms in America.